Telecommunications (Amendment) (No. 2) Scheme, 1993

• Jurisdiction: Ireland
• Citation: IR SI 186/1993
• Year: 1993

S.I. No. 186 of 1993.

TELECOMMUNICATIONS (AMENDMENT) (NO. 2) SCHEME, 1993.

BORD TELECOM ÉIREANN in exercise of the powers conferred on it by Section 90 of the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983) hereby makes the following Scheme: 1. This Scheme may be cited as the Telecommunications (Amendment) (No. 2) Scheme, 1993. 2. The collective citation "the Telecommunications Schemes, 1992 and 1993" includes this Scheme. 3. (1) This Scheme, in so far as it specifies tariffs in respect of the Eircell Analogue Service, shall come into operation on 1 July 1993.

(2) This Scheme, in so far as it provides for matters other than those mentioned in paragraph (1) of this Article, shall come into operation on 25 June 1993. 4. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Scheme. 5. The Telecommunications Scheme, 1992 ( S.I. No. 19 of 1992 ) is hereby amended by:

( a ) the substitution of the following definition for the definition of "Eircell" in Article 5 (1):

" "Eircell" is the name assigned by Bord Telecom Éireann to the analogue and GSM cellular radio telecommunications networks operated by it, whereby cellular radio telecommunications services are provided through base stations and switching centres connected together by means of telecommunications links and interconnected to the public switched telephone exchange system ("the fixed telephone network") and the terms "Eircell Service", "Eircell Analogue Service" and

"Eircell GSM Service" shall be construed accordingly;";

( b ) the insertion of the following after "Eircell" in Article 5 (1):

" "Eircell Analogue equipment" means a cellular radio telephone used or intended to be used in conjunction with the Eircell Analogue Service and to which Eircell Analogue Service is provided;";

( c ) the substitution of the following definition for the definition of "Eircell equipment" in Article 5 (1):

" "Eircell equipment" means Eircell Analogue equipment and Eircell GSM equipment;";

( d ) the insertion of the following after "Eircell equipment" in Article 5 (1):

" "Eircell GSM equipment" means a cellular radio telephone, when used in conjunction with an Eircell SIM card;";

( e ) the insertion of the following after "Eircell GSM equipment" in Article 5 (1):

" "Eircell GSM subscriber" means an Eircell subscriber in respect of the Eircell GSM Service and to whom an Eircell SIM card or cards has or have been issued by Bord Telecom Éireann;";

(f) the insertion of the following after "Eircell GSM subscriber" in Article 5(1):

" "Eircell SIM card" means a card (and related personal unlocking key and variable personal identification number), supplied by Bord Telecom Éireann to an Eircell GSM subscriber, designed to uniquely identify the Eircell GSM subscriber to the Eircell GSM Service and to enable appropriate cellular radio telephones to be used in conjunction with the Eircell GSM Service;";

( g ) the substitution of the following definition for the definition of "telephone" in Article 5 (1):

" "telephone" means a transmitting or receiving instrument used or intended to be used for the purpose of transmitting or receiving telephonic messages and, where the context so admits or requires, includes a cellular radio telephone;";

( h ) the substitution of the following Article for Article 74:

"74. This Chapter shall apply to the Eircell Analogue Service and the Eircell GSM Service, in addition to the Wireless Telegraphy Acts, 1926 to 1988 and any measures replacing or amending them.";

(i) the substitution of the following Article for Article 76:

"76. (1) Bord Telecom Éireann shall issue to and license each Eircell GSM subscriber to use an Eircell SIM card or cards on the following conditions:

( a ) Eircell SIM cards shall remain the property of Bord Telecom Éireann and shall be returned to Bord Telecom Éireann upon request;

( b ) Eircell SIM cards may be retained or cancelled at any time by Bord Telecom Éireann; and

( c ) the Eircell GSM subscriber must take all reasonable care and precaution in the custody of an Eircell SIM card or cards issued to him by Bord Telecom Éireann so that such card or cards is or are not lost, mislaid or stolen.

(2) Bord Telecom Éireann shall be entitled to charge to the account of an Eircell GSM subscriber to whom an Eircell SIM card was issued by Bord Telecom Éireann, the amount payable in respect of all calls made or in respect of chargeable calls received and services and facilities obtained using the Eircell SIM card, whether or not such use was authorised by the Eircell GSM subscriber.

(3) Any amount charged to an Eircell GSM subscriber in respect of the use of an Eircell SIM card outside the State may be converted into Irish pounds at the prevailing rate of exchange operating on the date such amount is debited to the account of the Eircell GSM subscriber or at such other rate as may seem to Bord Telecom Éireann to be appropriate.

(4) Bord Telecom Éireann shall not be liable for any loss or damage resulting from loss, theft, failure or malfunction of an Eircell SIM card.";

( j ) the substitution of the following Article for Article 77:

"77. Bord Telecom Éireann shall provide to Eircell subscribers the Eircell Service in accordance with the terms of the Agreement and of this Scheme.";

( k ) the substitution of the following Article for Article 78:

"78. (1) An Eircell subscriber shall pay to Bord Telecom Éireann in respect of any call originating in Eircell Analogue equipment or Eircell GSM equipment, a charge calculated in accordance with Part 7 of the First Schedule to this Scheme.

(2) An Eircell GSM subscriber shall pay to Bord Telecom Éireann in respect of any call received by use of Eircell GSM equipment, charges calculated in accordance with Part 7 of the First Schedule to this Scheme.

(3) An Eircell subscriber shall pay, in advance, in respect of subscription for Eircell Service, the appropriate sum set forth in Part 7 of the First Schedule to this Scheme as demanded in accounts issued from time to time by Bord Telecom Éireann.

(4) An Eircell subscriber shall pay, on demand, to Bord Telecom Éireann in respect of connection to the Eircell Service the appropriate connection charge set out in Part 7 of the First Schedule to this Scheme.

(5) An Eircell subscriber shall pay, on demand, to Bord Telecom Éireann in respect of other services and facilities ancillary to Eircell Service, the appropriate charges set out in Part 7 of the First Schedule to this Scheme.";

(1) the revocation of Article 79 and Article 80; and

( m ) the substitution of the following Part 7 for Part 7 of the First Schedule thereto:

"

PART 7

Eircell

Article 78

A. Call Charges

1. Subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in the State or in Northern Ireland:

Analogue Service GSM Service Full Rate Reduced Rate Full Rate Reduced Rate Minimum Charge (30 seconds) 11.17p 7.5p 12.5p 8.5p Per each period of 10 seconds of part of such period thereafter 3.72p 2.5p 4.16p 2.83p

2. Calls, other than subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in the State or in Northern Ireland:

Analogue and GSM Services Full Rate Reduced Rate Minimum Charge (3 minutes) 149p 116p Per minute or part of a minute thereafter 33p 22p

3. Subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Great Britain, the Isle of Man and the Channel Islands:

Analogue and GSM Services Seconds — Full Rate Seconds — Reduced Rate 11.17p per period of time or part of period of time specified 11.2 16.8

4. Calls, other than subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Great Britain, the Isle of Man and the Channel Islands:

Analogue and GSM Services Full Rate Reduced Rate Minimum Charge (3 minutes) 227p 1...